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20-2525
ORDINANCE NO.20-2525 AN ORDINANCE OF THE CITY OF DENTON AMENDING ORDINANCE NO. 20-1103 TO EXTEND THE PILOT PARKLET AND STREATERY LICENSE PROGRAM (THE “PILOT PROGRAM”) FOR CERTAIN AREAS OF THE CITY AN ADDITIONAL SD( MONTHS; ESTABLISHING THE RULES AND REGULATIONS FOR THE PILOT PROGRAMS AND THE PROVISIONS FOR ENFORCEMENT THEREOF, INCLUDING ESTABLISHING CRITERIA FOR PERMITTED LOCATIONS, GENERAL PHYSICAL REQUIREMENTS, FABRICATION, CONSTRUCTION AND INSTALLATION STANDARDS; ESTABLISHING A FEE SCHEDULE FOR THE PILOT PROGRAM; DELEGATING AUTHORITY FOR EXECUTION OF THE PARKLET/STREATERY REVOCABLE LICENSE TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Parklets and Streateries allow greater opportunities for people to socialize and interact with others by activating the streetscape; and WHEREAS, Parklets and Streateries have been used in many cities of all sizes throughout North America and are proven methods to increase the vibrancy and activity of a streetscape; and WHEREAS, development of a temporary program of Parklets and Streateries in certain areas of the City of Denton during the City’s Declaration with Emergency will allow adjacent business owners to provide outdoor seating with social distancing, without the need for permanent street re-design; and WHEREAS, the City must maintain and oversee its streets and rights-of-way in the interest of public safety; and WHEREAS, the City Council adopted Ordinance 20-1103 approving a Pilot Parklet and Streatery License Program for a six month period which ends on January 14, 2021; and WHEREAS, the City Council finds it is in the public interest to extend the Pilot Parklet/Streatery License Program for the period set forth in this ordinance under the terms and conditions set out below; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and findings in the preamble are incorporated into the body of this ordinance by reference as if set out fully herein. SECTION 2. The City of Denton hereby authorizes the extension of the Pilot Parklet/Streatery License Program (the “Pilot Program”) adopted by Ordinance No. 20-1103 until July 14, 2021. Applications may continue to be accepted and processed in accordance with Ordinance 20-1103 until January 14, 2021, and thereafter applications may be accepted and processed in accordance with this Ordinance. The Pilot Program shall be administered by the Development Services Department ("Department") and apply to all individuals or companies desiring to operate a Parklet or Streatery with a City street or right-of-way. SECTION 3. The following definitions apply to this ordinance: a. “Parklet” means up to two parallel or three diagonal parking stalls, as applicable, temporarily dedicated for use by the public for commercial or non-commercial activities and purposes, together with improvements, such as lighting, signage, paving, benches, sculpture, landscaping, barricades, and fencing, in furtherance of such purposes; and b. “Streatery” means up to two parallel or three diagonal parking stalls, as applicable, used either as a temporary extension of or stand-alone sidewalk cafe connected visually to, and for use by patrons of, a nearby restaurant or bar which is subject to all the terms and conditions of the nearby restaurant or bar's food service permits and alcohol licenses; and SECTION 4. Eligible Locations. The locations of any Parklet or Streatery shall be in accordance with the following criteria: a. b. C. Parklets or Streateries are permitted on streets with speed limits of 30 mph or less within the Mixed-Use Downtown Core Zoning District with the exception of Elm, Hickory, Oak, and Locust Streets. Parklets or Streateries can be sited along the curb line on streets where on-street parking spaces exist. The Parklet or Streatery can be considered on any location where there are, or would be, space(s) for on-street parallel, angled, or perpendicular parking. Parklets or Streateries are generally permitted on streets with a running slope (grade) of five (5%) percent or less. When installed on streets with running slopes of three (3%) percent or greater, Parklets or Streateries will be required to include a wheelchair rest area. Parklets or Streateries may be permitted on streets with a running slope of five (5%) percent or greater only if they can provide safe access and turnaround area for wheelchair users. SECTION 5. General Physical Requirements. The general physical requirements for a Parklet or Streatery shall be in accordance with the following criteria: a. b. Reflective elements are required at the outside corners of all Parklets or Streateries. Soft- hit posts are a standard solution deployed at the outside edges; however, the City will consider additional reflective elements incorporated into the Parklet or /Streatery design. For Parklets or Streateries in parallel parking spaces, a three-foot wheel stop must be installed one (1) foot from the curb at the edge of the front and back parking spaces. When Parklets or Streateries are installed adjacent to parallel parking spaces, wheel stops should be setback four (4) feet from the Parklet or Streateries structure. For angled parking spaces and adjacent to driveways, City staff will work assist in determining the appropriate location for wheel stops. Wheel stops should be made of recycled rubber. Concrete wheel stops are discouraged. The initial site plan accompanying the application should accurately reflect the existing site conditions and include streetscape features like adjacent bicycle racks, utility covers, street poles, existing signs, street trees, tree wells, etc. Parklets or Streateries must not interfere with sight triangles regulated by the City's Transportation Design Criteria Manual. C. d SECTION 6. Uses and improvements not allowed. No temporary Parklet or Streatery license may be granted under the Pilot Program for: (a) any building or structure requiring a building permit, other than a neighborhood gateway feature, supportive or decorative column, arch or other structural or decorative feature of a building; (b) any improvement, facility, or use, the installation or allowance of which would: 1. result in a violation of the Americans with Disabilities Act or any other applicable local, state, or federal health or safety law or regulation; 2. unduly interfere with the free passage of vehicles on the street or of pedestrians on the sidewalk; 3. create a traffic hazard; 4. unduly interfere with the safe and efficient operation of a utility facility; 5. create undue adverse impacts on adjacent property owners and businesses; 6. block the sight visibility triangle at an intersection; or 7. require the relocation of any utility or utility facility. SECTION 7. General requirements for all temporary Parklet or Streatery licenses. A Parklet/Streatery Agreement applicable to permitted uses and improvements allowed under this article shall include, as applicable: 1. 2. 3. 4. 5. 6. all requirements set forth in the Parklet and Streatery Manual or other applicable technical standards and specifications with which the Licensee must comply; terms and restrictions necessary to protect public use of the public right-of-way or the facilities and access needs of a public or private utility provider; specifications for required clearances between the improvements and utility facilities, whether above ground, underground, or overhead, as prescribed by applicable building and health and safety codes, franchise agreements, or state or federal laws; a requirement that the Licensee pay the cost to relocate a utility facility or improvement in a public right-of-way in connection with the installation of the improvements, if consent is granted for such relocation; authorization for the city or a utility provider to remove, without liability, all or part of the improvements if necessary to obtain access to an affected utility facility; provisions approved by the city attorney that require the licensee to indemnify, defend, hold harmless, and release the city, its officers, agents, and employees from any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation for injury or death of any person, or for damage to any property, arising out of or in connection with Licensee’s use of public right-of-way; a provision specifying that the term or expiration date of the license shall not exceed six (6) months from the effective date of this ordinance. a provision for termination of the license for violation of its terms, subject to notice of the violation and an opportunity to cure the violation within 5 calendar days after receipt of the notice, except that violation of the expiration date shall be addressed immediately. ; 7. 8 9. a provision for termination of the license by the city without recourse before the end of the license term when necessary to implement a capital improvements or utility project, to address threats to public health or safety, or to mitigate adverse impacts to adjacent property owners and businesses caused by the improvement or use for which the license is granted; 10. a provision providing for the prompt removal of all improvements or cessation of use upon termination of the license at the Licensee’s expense, including the right of the city to remove improvements upon failure of the Licensee to do so and to recover the city’s cost for such removal; 11. no more than two Parklets or Streateries shall be allowed per block face; and 12. COVID-19 Requirements: All Licensees shall have read and shall follow the protocols, practices, and guidelines, as applicable to their business, specified in the Governor’s Report to Open Texas, and any potential amendments, all of which will support a safe and measured reopening of Texas. Violations of this section shall result in the Licensee receiving a verbal warning and an opportunity to comply with this section. If a second violation occurs, the Parklet or Streatery License may be revoked immediately and the Parklet may be removed. SECTION 8. Criteria for the fabrication, construction, and installation of the Parklet or Streatery platform are set forth in Parklet and Streatery Manual which is attached hereto as Exhibit “A.” SECTION 9. Filing of an application for a Parklet or Streatery shall be accompanied by a fee(s) under the following fee schedule: (i) Application Fee, applicable to Parklets and Streateries, to cover the cost of administration of the application process: Fifty Dollars ($50.00). (ii)City Right-of-Way Use Fee, applicable to Streateries only: Fifty Dollars ($50.00). SECTION 10. Applications for Parklet or Streatery approval shall only be considered by those individuals or business entities owning or operating a business adjacent to the proposed Parklet or Streatery location and will be reviewed for potential acceptance on a “first-come, first-served” basis SECTION 11. Before constructing or operating a Parklet or Streatery, applicants must obtain a license from the City of Denton. (a) For consideration of a license, the applicant must file a permit application with the Development Services Department; said application to include the following items and information: 1. Completed Application, in the form which is attached hereto as Exhibit “B”; 2. Notice to Adjacent Property Owners and Users: i. Applicants, pursuant to this article, must notify and obtain a letter of support from adjacent property owners and other retail businesses within 100 feet of the proposed Parklet or Streatery of the application for a permit at the time of application. If the applicant is a tenant, written approval of the property owner is required. Any written objection from an adjacent property owner or failure to provide a letter of support at time of application will require approval by city council. City council will base their decision on the negative effects the Parklet or Streatery may have on those adjacent owners or businesses. Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects relating to the open-air dining and beverage service that may be conducted within the license area. The tables, chairs, umbrellas, and other objects provided as part of the Parklet or Streatery shall be of a quality, design, materials, and workmanship to ensure the safety and convenience of its users and shall be compatible with the uses in the immediate vicinity. 3 (b) The Development Services Department shall review the materials in subparagraph (a) above and shall provide a recommendation to the City Manager to grant approval, approval with conditions, or denial. 11. SECTION 12. Procedure for reviewing Parklet or Streatery license applications. (a) Approval by City Manager. The City Manager may issue a revocable license for the use of a parking stalks) as a Parklet or Streatery upon such terms and conditions as the City Manager in the exercise of his professional discretion, may deem appropriate, if the City Manager determines that: 1. The applicant is the owner or occupant of the property adjacent to the proposed Parklet or Streatery area; 2. The applicant has the permission of the owner and occupant, if different, of the property adjacent to the proposed Parklet or Streatery area to place a Parklet or Streatery in the proposed location; 3. The proposed Parklet or Streatery use would not unduly and unreasonably impair passage of the public on the sidewalk adjacent to the area for which the license is sought; and The design and construction of the proposed Parklet or Streatery meets all applicable4 guidelines. 5. No more than two Parklets or Streateries would be placed per block face. (b) Appeal to City Council. An applicant may appeal the denial of the license application to the City Council. The City Council may approve a License that identifies the Parklet or Streatery area, waiving requirements of subsection (a) in the interest of public safety and necessity and any applicable restrictions, or deny the application. SECTION 13. Parklets and Streateries licenses granted under this Pilot Program shall be subject to the same restrictions and prohibitions against smoking as are applicable to parks pursuant to Chapter 14, Article 4 of the Code of Ordinances, together with applicable enforcement remedies and penalties thereunder. In addition to other remedies and penalties that may be pursued for a violation of this section, the City Manager or his designee may revoke a license issued under this Pilot Program to a licensee that commits a violation under this section. SECTION 14. The license granted under this Pilot Program shall be in the substantial form which is attached hereto as Exhibit "C,” and the issuance of such is a condition precedent to proceeding with further permit applications for the construction, installation, operation, maintenance, and repair. The terms and conditions set forth in Exhibit “C” are incorporated herein by reference as it set forth verbatim and become conditions of the Parklet and Streatery approval and Pilot Program. SECTION 15. The City Council hereby delegates authority to the City Manager to execute the applicable Parklet or Streatery Revocable License(s) following the approval of the application as set out in Section 12 above. SECTION 16. Parklet terms and conditions: (a) Terms and contains imposed by the City Manager or designee upon the approval of a Parklet application may include, without limitation: 1. restrictions as to the number and placement of furnishings (such as tables and chairs) and as to the hours and dates of use; 2. a requirement that the Parklet and all associated furnishing, fixtures, and equipment in the Parklet area be cleared when not in use as a Parklet, upon the request of the City Manager, designee, or other appropriate City officer, such as the chief of police or fire official or their authorized representatives, and that if the licensee does not clear the area, the City may clear the area with the licensee liable to the City for the cost of such work 9 a requirement that the parking space(s) be vacated and restored to their original condition and free from all obstructions within 24 hours of the end of the Pilot Program; that the licensee shall maintain the sidewalk adjacent to the Parklet as well as the Parklet itself in a clean and safe condition for pedestrian travel and use, and if the applicant fails to maintain the area that the City may, in its sole discretion, perform such maintenance, cleaning, and/or repairs as the City deems necessary with the applicant liable to the City for the cost of such maintenance, cleaning, and/or repairs; a requirement that the licensee maintain the parking stalls adjacent to the Parklet area clean and free of debris; a requirement that the applicant maintain the sidewalk adjacent to the Parklet as necessary to accommodate deliveries to adjacent or other nearby properties; regulations upon lighting and illumination of the Parklet; and 3. 7. (b) Unless expressly authorized by the City, no license applicant authorized to construct, maintain, and operate a Parklet under this chapter shall: 1) Break or damage any pavement or street surface; 2) Disturb, remove, damage, or obstruct any parking meters, signs, or parking area strrprng; 3) Place adjacent to or obstruct safe, accessible access to a bus stop; 4) Permanently install any fixture of any kind; or 5) Cover or obstruct any utility manholes or handholes in or on the parking space(s) occupied by a Parklet or in or on the sidewalk area adjacent to the Parklet area. (c) The terms and conditions of this section are in addition and supplemental to all other City permit requirements, including, without limitation, the fire and building codes and the City’s noise regulations, stated in chapter 17 of the Denton Municipal Code, as applicable. SECTION 17. Streatery terms and conditions: (a) Terms and conditions imposed by the City Manager or designee upon the approval of a Streatery application may include, without limitation: 1. restrictions as to the number and placement of furnishings (such as tables and chairs) and as to the hours and dates of use; 2. a requirement that the Streatery and all associated furnishing, fixtures, and equipment in the Streatery area be cleared when not in use as a Streatery, upon the request of the City Manager, or designee or other appropriate City officer, such as the chief of police or fire official or their authorized representatives, and within 24 hours after the Pilot Program if the area is not cleared, the City may clear the area and charge the costs for such clearance to the licensee; that the Streatery be removed immediately if the applicant’s food establishment or liquor permit is revoked; 3 4. that the licensee shall maintain the sidewalk adjacent to the Streatery as well as the Streatery itself in a clean and safe condition for pedestrian travel and use, and if the applicant fails to maintain the area, the City may, in its sole discretion, perform such maintenance, cleaning, and/or repairs as the City deems necessary with the applicant liable to the City for the cost of such maintenance, cleaning, and/or repairs; 5. a requirement that the licensee maintain the parking stalls adjacent to the Streatery area clean and free of debris; a requirement that the applicant maintain the sidewalk adjacent to the Streatery as necessary to accommodate deliveries to adjacent or other nearby properties; regulations upon lighting and illumination of the Streatery; 6 7 a (b) Unless expressly authorized by the City, no license applicant authorized to construct, maintain, and operate a Streatery under this chapter shall : 1. Break or damage any pavement or street surface; 2. Disturb, remove, damage, or obstruct any parking meters, signs, or parking area strrprng; 3. Place adjacent to or obstruct safe, accessible access to a bus stop; 4. Permanently install any fixture of any kind; or 5. Cover or obstruct any utility manholes or handholes in or on the parking space(s) occupied by a Parklet or in or on the sidewalk area adjacent to the Parklet area. (c) Alcohol may be sold for consumption at a Streatery when authorized in both the license provided for herein and by permit of the Texas Alcoholic Beverage Commission, and not otherwise. Nothing herein shall be deemed or construed to allow alcohol use or consumption on a Parklet as the same is defined in this Pilot Program. (d) The terms and conditions of this section are in addition and supplemental to all other City permit requirements, including, without limitation, the fire and building codes and the City's noise regulations, stated in chapter 17 of the Denton Municipal Code, as applicable SECTION 18. It shall be a violation to operate a Parklet or Streatery within a City street or right- of way without a permit issued by the City under the terms and conditions set out above. SECTION 19. Any person found guilty of violating the provisions of this Ordinance by a court of competent jurisdiction shall be fined a sum not to exceed Five Hundred Dollars. ($500.00) and shall be subject to the penalties as specified above, including but not limited to revocation of license. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense . SECTION 20. If any word, phrase, clause, sentence, or paragraph of this ordinance, or application thereof to any persons or circumstances, is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion; the City Council declares that it would have ordained such remaining portion despite such invalidity. SECTION 21. This Ordinance, providing for a penalty, shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to apElove this Ordinance was made by 36S <_ \)ca ; S and seconded by 3; the Ordinance was passed and approved by thefollowing vote [1 - a : M LXJar,Abstain Absent Gerard Hudspeth, Mayor: Birdia Johnson, District 1 : Connie Baker, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul IVleltzer, At Large Place 6: E 1 1 J I PASSED AND ADOPTED this the Ilt! d-y .f-Bccew*bec 2020 ifi?#Z=,n ATTEST: ROSA RIOS, CITY SECRETARY BY ++ APPROVED AS TO LEGAL FORM AARON LEAL, CITY ATTORNEY \ /q/4BY / qI+1 e L- r r: ST R elK June 26, 2020 City of Denton Development Services Department Tib:IEa:i GENERAL CRITERIA ParkMtreataryrbsbn and knatlon should conform to tIn followIng desIgn guideline$ as well as my additional standards mad8 part of tIn approval of an IndM dIal parkl©t. Additional nrprlr8ment9 and further detaIls un b8 found in Ordinanee Definition Parklot is e9wntialty at8mpuaycon9Uuctul public spocdpark installed in a pukhg smt a loading zone. Paklets are free fathou$eof6verwrn - visitors. re9idmts, arxl businesses dike. Stre8t8ryismtnh bkoaparkbt, tIlt ttisresarvedforttn use of the adjacent rest&want chrringthdr business Iwm - just like a $kkwalkcaf6 but not on the sidowalkWh8n tho busln ms whom8ht8ins the streatery is cl09ul, it works just lik8 a parklat - free for averyoneto use Location Parkl8ts are allowed in par8ll81 or 8ngbd parking spaces or within unused rightofq#ay. Thae shall be no rnore than 2par8Holspats or 3 diagonal/porpindicular spots. Each parklot shall in limIted to utilizing no more than two parking spaces. ExcludIng, Oak , Hickory, Eh and k}mst Street Corner Location ranK In general, parklets must be locataiatloa8t ain parking space away from an Intusoctionustr6et corner. Parkjgt9ckr98 to comers can tn moro oxposod to the riskof8colisbn bymotaizod v6hk$8. 1n some instances, a bike corral at least 15 feet in length. 8curtbexterBim (bUltH>ut),or90nn ottnrIAysiml barrier. Speed Limit Parklotg are permitted Uwe the posted speed limit is 30 mph or less. Streets with higher speed limits may tnmnsidaul onaca3e-brcaso tnsis. Street Slope P8rklets must be situated on 9treet8 with a running slope bride) of five percent or less or provide a level surface to meet this grade. = MD - MIxed+In Da#Howl Core MD win OVERLAY Buffers & Safety Elements Parklots shall be ruluired to have a buffer to protaRus8r8 from 8tTeet traffic. Buffa9 can be either planters, durable seating temporary r8ilindedgina or other visIble, protective eMu as 8mraved by staff in the 8pphation promss. P8rklets must be situated a mhimum of 2 feet fran then@n8t ache of traveled w8y.Flantu8 used as <lgIng features an required to b largo and durable. All doing and buffuiru mechnism9 wII rHuira City approval. Wheel Stops fbrklots shall not be allowed in front of a fire hydrant, or over 8 mar+ale, public utltty valve, or cover. Curb and roadside drainage 8hall not be impeded by the parRot. tfdeckiru is being oonstruXod, the decking should allow fue89yncess undomeath and alrb9ido draimge shall rut be tmpechd. A gap of 6- should be maintnirnd tntwom the bcxly of the dock and the asphalt to facIMa the movement of water, Utilities Forparklets in Fnrallel parking spaces, ethno-foot wheel stop must be installed one fmt from th curb at the edge of the front and back parking spaces' When parRots are installed 8dj80ent to parallel parking spaces. whe81 stops should be setback four feet from the parklet structure. For angled porlang spoon and 8djacmt to driveways. City 8t8ff will mA with wu to determine the AHxopdate location for wheel stops.Whoel8tops gh(lid be mach of recycled rubber: concrete wheel stops are discalr8ged. Trash The permIt holder is required to provid8 trash rec8pt8cles SuffiOiUTt for the proposed use and is subject to the following requirements, Food service est8bli9hrrnnt8 must provide receptacle8 which shall be no smaller than 10 gallons. Retail uothor norrfocxi8ewiae establishments must provide rw8pt8cles, however 8mirlmum size is not roquirn1. Reaptncle9 must tn emptied by the p©mtt holder 8t anytime they are visibly full. All waste and recycliru generated wttNn the parkl8t is the responsibility of the pwrnitholder.Thk includes items that are blown from the parRot BIn coven are required. ADA Requirements Design for Easy Removal All elements ofParklets shall be constructed and/or installed tooonform to the applicable provisions, rules, regulations, and guidelines of the Arrnricans with Disabilities Act (ADA). P8rkJets are temporary in nature and must be designed for easy removal. All removablo furniture must be locked or stowed each night. Parklet Decking Parklat decking must be flush with the curb and may not have more than %- gap from the curb. If decking is installed, a minimum 36- ADA acmssible entryway to the parklet must be maintained for all parklats. Platforms shall not exceed a 77, cross slope. Decking will need to be constructed of durable material capable of withstanding weather elements. Deck installation shall not damage the sidewalk, street, curb, or any aspect of the public right-of-way. Due to the temporary nature of the parklet, any proposed decking shall not be allowed to be bolted into the asphalt. Sight Triangle Parklets must not interfere with sight triangles. A sight triangle is a triangular shaped portion of land established for urnb$tructed visibility of motorists entering or leaving a street or driveway intersection in which nothing. whether stationary or moveable (i.e.. vehicl8s. vehicular maneuvering area, signs, landscaping or objects of any kind) is porrritted to bo located between a height of two and one+ralf (2%) and eight (8) feet above the elevation of the adjoining edge of pavement. An exception to tho prohibition is a tree with clear trunk between two and one- half (2%) and eight (8) feet Design and Placement Guidelines 1 , B/lax of 7'' 2. Majqtair Curt)lille drainage 3, Parkiet oecking fI:isa v/1[h curb z.3ft-4ft dista!'Ice ;rom park<let to a'heel stop S,2't *.','Feel StOP 6. V}sbally permeable outsIde edge ul{n 'ailing 7. Generally 2 parking spots per parklel parklet zone THE PLATFORM The platform provIdes the structural base for the parklet. The City strongly recommends consulting a design or construction professional to ensure that the platform will be sturdy and safe. Bolting Bolting Intotheitreet orponatrathg tho sudan of the road in any way is strorutydiscour8wi and may not be allow<! without a r09toratiwl plan md an oxc8wHoa !mmI posted by the applicant arxithdr contractor. P8rklet8 maybe bolted to the existing curb, with specific r8stor8tbn requirements. Platform Surface The top of the parklet platform must be flush with the sidewalk with & maximum gap ofonohatf inch. In the case of a sloping street. staff will work with the designer toaddrms imue90famss. Access If the platform base is not solid. the space underneath the platform surface must be accessible for maIntenance through removable access panels. F)rainageThe parklatc8nnaW8tb thOflOWOfCUTtnide drainage. Desbn6r9 are strowty ertmur8g8d to cover opering98toith© end af the parkl8t with screens to prevent blockage from debris. Parklet platform rest areas cross $1op8s. Your final construction dr8wings wHI reed to show spat elevatIons for both the sidewalk and the platfumare8s REQUIRED MATERIALS NO PARKING F.mmEEm CONSTRUCTION No Parking Sign Soft-Hit Posts Clear thoa8aforhstallation byplacingt©npomry no parking sign in the parking spaces that your perklet will occupy a minimum 72 tnurs before instdlation The City will providg signage at permit anxov81. F\Jrcha88 two standardized safe+lit posts, one for each end of the parklet You may purctn8e tho posts from any v8ndor. but they must meet these specifi@tions: o Saf8 Hit Two 2 Guide Post 36-, white. o Surfaoo Mount Hn Lock Base. a Butyl Adhesive Pad or 10 oz. Epoxy Kit. Lighting Selfmntdnal bwvott8ge lighting gy9tern9, such as 80lor or battery powernd lights no encorxaged Flashing lights and cords that extend over the sidewalk (even tfth8y’re located overhead) are prohibtt6d THE ENCLOSURE Buffer the Edges Depending on the location, the parklet should h8ve an edge to buffer the stregt. This can take the form of planters, railing, ca bling, or some other appropriate buffer. The height and scale of the buffer required wiI vary depending on local context. For example. on some low-traffic streets, a continuous edge may not be required (if cable railing is used, spacing between cables cannot exceed six inches). !!!!i:aeau Maintain a Visual Connection to the Street Your parklet design should maintain a visual connection to tha street. Continuous opaque walls above forty-two inchos that block views into the parklet from the surrounding streetscape ara prohibited. You are allowed to include columns and other vertical elements lgnage Applicant shall provide signage consistent with the following examples. Final location and size of sign to be approved with the permit. STREATERY PARKLET BUbl.Nt qs HAUI ; (Art SEATiNG HOURS HiS FA(TLJTT Fi FREE AND OP iN TO THE PUBLiC +q+ ' ++: •q ’; 's if ’ pt'+t•Tl ,C $’rtt•} EXHIBIT B PILOT PARKLET/STREATRY PROGRAM APPLICATION FORM APPLICANT INFORMATION Complete the form below to provide some basIc Information. Proposed Address: Nearest Intersection: Current Use of Property: Applicant Name {Business, organizatIon, or individual): Mailing Address: Contact Name 1: Title 1: Email 2: _Zip Code: Phone 1: Contact Name 2: Title 2: Email 2: Phone 2: Q I have read and understood the City of Denton Parklet and Streatry Manual, Revocable License Agreement, and Ordinance 2020_ which covers responsibilities, design guidelines, and technIcal requirements. Name(s) of Property Owner: Property Owner Address: Phone: _ZIp Code: Email: rtl+FORNtATtol Check one: I don’t know yet a I’ll design it myself a I’ll hire a designer If known: Designer Name: Firm: Phone:Email: Number of parking spaces to be occupied: Parallel Total size of proposed parklet: Estimated Project Cost: $ Angled/Perpendicular .square feet SITE PLAN ProvIde a measured sIte plan of the existIng space for your proposed paddet installation. This can be dIgitally or hand - drawn. Please reference the Parklet DesIgn section for requirernents and example. The following are items to include in your sIte plan: O Your building and neighboring properties (include addresses) a Proposed partlet and dimensIons a 3-4 foot buffer on sIde of parklet location (not to be included in parklet size) a On street adjacent features (e.g: trees, utilities, canopies, clearance, IIght poles, bike racks, benches and any other on-street features), O Accurate dImensions of all components of parklet with labeling D Any unique features PHOTOS OF EXISTING SITE Provide photos of existing condItions indicating where you would IIke to install the parklet. The following diagram demonstrates where shots may be taken, which includes parkIng spaces, sidewalk, and building fagade in front of the proposed location. CONCEPT DESCRIPTION ProvIde a brief summary explaining your initial concept. ' What are the proJect goals and the visions for your parklet or streatery? ' Include proposed materials, and any amenities such as furniture, shade covering, etc. , Provide drawingsto describe your proposed project (optional) PROOF OF NOTIFICATION Provide the property owner’s authorization within IOO feet of your buildIng. DOCUMENTED COMMUNITY SUPPORT Although additIonal community support is not required, it is strongly encouraged. Example of documentatIon may include signed petitions and letters of support from local businesses, residents, institutions, and other organizations. The followIng are samples that you may use as templates: Sample Petition of Support [Name of Business/Organization] I support a parklet/stnatery in front of [location] I Thank you for helping improve pubIIc space on Sample Street 1234 Sample Street, CbIkin, TX Phone Number Email SIgnature Sample Letter of Support To whom it may concern, I’m writing to expreu my support for a parklet to be constructed in front of [Name of BusIness/Orwnlzation] located at 1234 Sample St. I understand that the parkIn would take the space of 2 parkIng spots. Tbts parklet will be a great asset to the neIghborhood in additIon to being a space for patrons of Sample St. busInesses to gather wtthout blocking the sIdewalks or venturing Into the street Sincerely (Signature) Name (Printed)Contact Date(Tel/Email for contact) Addre= DRAFr Exhibit C PREPARED BY AND RrrURN TO: PARKLFr/SrREATERY REVOCABLE LICENSE THIS IS A PARKL£T/STREATERY REVOCABLE UCENSE (hereinafter, "Revocable License" or "Llcen9e") granted thIs _day of , 2020 (the “Effective Date”), between: CITY OF DENTON, 215 E. McKinney Street, Denton, TX 76201, hereinafter "CITY", and [APPUCANT I PERMITTEE - prIncIpal business address, hereInafter "PERMITTEE".] WHEREAS, Parkets and Streateries are created within current on-street parking spaces within the public right-of.way, typically being built over the parking spaces at the same level as the sidewalk where pedestrian amenities, including, but not limited to, benches, tables, chairs, landscaping, and bicycle racks are then placed; and WHEREAS, the CitY Council of the City of Denton, through Ordinance No. 202(Fxx, established a six (6) month Pilot Parklets and Streateries License Program (the “Pilot Program”); and WHEREAS, PERMITTEE is the owner or located at ,Denton, Texas ("Business Location"); and lessee of prope'ty WHEREAS, PERMITTEE is in the business of ; and WHEREAS, PERMITTEE filed an application with the CITY for development, construction, installation, operation, and maintenance of a Parklet/Streatew adjacent to his/her/its Business Location consisting of a Parklet/Streatery platform and Project Improvements for use by the general public and patrons of PERMITTEE'S business; and WHEREAS, the Department has reviewed PERMITTEE'S Application and approved same subject to the terms and conditions set forth in this Revocable License and subject to execution thereof by PERMITTEE; and WHEREAS, it is in the best public interests of the CITY to encourage the development of Parklets on a pilot program basIs in an attempt to make the Parklets an enhanced pedestrian experience for local residents and tourists with recreation, restaurant, retail, and entertainment venues and for the general public; and WHEREAS, the City Council of the City of Denton, through Ordinance No. 202CF>ac has, pursuant to the authority ofCFTY Charter $ 5.03, delegated to the City Manager the authority to execute this Revocable License on behalf of the CFTY following approval of the application as specified in the Ordinance; DRAFr Exhibit C NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Revocable License, and other good and valuable considerations, the adequacy and receipt of which are hereby acknowledged, the parties agree as follows: 1. Recitals.The foregoing recitals are true and correct and are incorporated as if set out fully herein. 2. Defined Terms. The following terms, as used and referred to herein, shall have the meaning set forth below, unless the context indicates otherwise. City Manager means CITY's Chief Executive Officer, its City Manager, or his or her designee. Day(s). In computing any period of time expressed in day(s) in this Revocable License, the day of the act, event, or default from which the designated period of tirne begins to run shall not kn included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. Department means the CITY'S Development Services Department which is charged with responsibility of administering the Pilot Parklet and Streatery License Program. Director means the Director of the Department or his or her designee. License Area means the area described in the approved Parklet/Streatery Site Plan, such License Area being within a public right-of-way, including air space, within which the Project Irnprovements shall be constructed, and within which the Parklet/Streatery shall be operated and maintained for the purpose of accommodating the general public and the patrons of PERMITTEE’S adjacent business_ Parklet/Streatery Site Plan or Site Plan means the site plan prepared by PERMITTEE and approved by the CITY in its proprietary apacity as part of this Revocable License. The Site Plan approval herein is not part of the sovereign governmental approval process associated with building and zoning permits. Approval of the Site Plan does not relieve PERMITTEE of proceeding with all other governmental approvals otherwise applicable to the construction, use, and operation of the Project, including building permits under the Building Code and Engineering Permits under the CITY’s regulations. A copy of the approved Parklet/Streatew Site Plan is attached hereto as Exhibit "A". Person means any Individual, firm, partnership (general or limited), corporation, company, association, joint venture, joint stock association, estate, trust, business trust, cooperative, limited liability corporation, limited liability partnership, limIted liability company or association, or body politic, Including any heir, executor, administrator, trustee, receiver, successor, assignee, or other person acting in a similar representative capacity for or on behalf of such Person. ProJect means the construction of Project Improvements for the purpose of accommodating the general public (and patrons of PERMITTEE [if a streatay]), providing an area within which the pedestrian experience along the public right-of-way may be amplified and enhanced by offering an area within which one rnight sit, rest, recreate, (or indulge in open air dining and beverage experience Uf a streatery1). The term ProJect also includes the ongoing obligation of maintenance, repair, operation, and removal of the Project in accordance with the terms and conditions set forth herein and under the Pilot Program, all of which shall be undertaken at the sole cost and expense of PERMITTEE. DRAFr Exhibit C The Project shall be available to the public at large and to the patrons of PERMITTEE'S adjacent business. ProJect Improvements means the improvements identified on the approved Parklet/Streatery Site Plan, which such improvements may, but shall not necessarily include Parklet/Streatery platform, tables, chairs, umbrellas, and other accessory equipment to the Project, railings, seating, landscape or streetscape elements, soft-hit poles, wheel stops, etc. 3. Revocable Lk:eIIse. (a) The CITY grants unto the PERMITTEE a Revocable License for the purpose of constructin& installing, operatin& maintainin& and removing the Parklet/Streatev and Project Improvements within a public rightof-way under authority of Ordinance No. 202(Fm establishing the Pilot Program, subject to the terms and conditions set forth herein. (b) At all times, the License granted herein for the Project shall in subordinate and inferior to the CITY's superior interest in maintaining the public right-of-way underlying the Parklet/Streatew. In the event that any conflicts should ever arise between the CrTYs superior interest as aforesaid and the Project, then, in that event, the rights of the CITY's uses and obligation of maintaining the public right- of-way for its superior intended purpose shall prevail over that of PERMITTEE and PERMITTEE shall not be entitled to any compensation for interference with its Project. (c) PERMrTTEE shall not be entitled to any compensation for loss of this License through revocation. 4. Term. Unless extended by other action of the City Council, the term of this Revocable LIcense under this Pilot Program shall expire upon the termination of the Pilot Program or sooner as set forth in the Pilot Program and below. 4.1 in the event that the Revocable License for the License Area granted herein shall (a) ever conflict with a superior municipal interest of the CITY or public, (b) at any time the CITY requires the use of the License Area for a superior conflicting municipal purpose, or (c) determines that continuation of the LIcense for the License Area granted herein is no longer in the best public interest, all as determined by the City Council after at least fifteen (15) advance notice to PERMITTEE that the matter will be considered by the City Council, then, the License granted herein for the respective License Area shall be terminable, in whole or in part, at the will of the City Council. 4.2 in the event (a) PERMfTTEE is in violation of any material term or condition of this Revocable License, as reasonably determined by the City Manager; (b) the license granted herein or the actions of (i) PERMITTEE or any of its agents, servants, employees, guests, or invitees, or (ii) the agents servants, employees, guests or invitees of any of PERMITTEE’s contractors, subcontractors, or independent contractors conflict with a superior municipal interest of the CITY or the public; DRAFr ExhIbit C (c) at any time the CITY requires the use of the License Area or adjacent publicly dedicated thoroughfare(s) for a superior conflicting municipal purpose; or {d) continuation of the License granted hereIn as to the License Area is no longer in the best public interests, all as reasonably determined by the City Manager, then, upon advance written notice to PERMITTEE of not less than seventy-two (72) hours where PERMfTTEE is given an opportunity to be heard on the matters by the City Manager, the authority granted by this License as the License Area may be temporarily revoked or suspended by the City Manager for a period not exceeding fourteen (14) days. 4.3 in the event that emergent conditions arise within the License Area that present an imminent threat to the health, safety, or welfare of Persons or property, the City Manager may temporarily suspend this Revocable License, in whole or in part, for a period not to exceed fourteen (14) days, in such a circumstance, notice shall be provided to PERMFTTEE pursuant to the provisions of Section IO, Emergencies, of this Revocable License. In the event the condition persists for a period of seven (7) days, then this Revocable License may be temporarily suspended for a period in excess of fourteen (14) days by action of the City Council. 4.4 HIts Revocable License may also be revoked or terminated pursuant to the terms of Section 23. 5. ProJect OperatIon and ConditIons. (a) The ProJect shall be operated for the purpose of accommodating the public in general without charge (and the patrons of PERMITTEE and may include providing open air dining and beverage service opportunities, provided, however, that nothing herein shall be construed as a prohibition as to PERMITTEE from charging for the sale or service of food or beverage within the Streatery Area Vf forstreateries]) . Except for Streateries, the Project shall be available to the public at large and not designated primarily for patrons of PERMITTEE. (b) Permittee shall preserve and protect all existing trees and plantings in the public rightaf-way within the immediate vicinity of the Parklet/Streatery. Permittee shall be required to replace or mitigate entirely at Permittee's expense, any damage to the public right-of-way or private property as a result of the Parklet/Streatery construction, installation, placement, operation, maintenance, or removal. {c) General landscape maintenance to the Parklet/Streatery should be performed on a regular basis at the Permittee’s sole cost and expense. (d) Awnings, umbrellas, and other decorative material accessory to the Parklet/Streatery shall be fire retardant, pressure treated, or manufactured of fire resistive material. (e) Tables, chairs, umbrellas, and any object accessory to the Parklet/Streaterv shall be maintained in a clean and attractive appearance, shall be in good state of repair at all times and shall be maintained in accordance with the approved maintenance plan and shall keep the landscaping and plants in a good, healthy, and vibrant condition. (O The Parklet/Streatery shall be maintained in a neat and orderly appearance at all tImes and the License Area shall be cleared of all debris on a periodic basis during the day and again at the dose of each business day in compliance with the approved maintenance plan. The maintenance plan shall DRAFr Exhibit C also include those areas adjacent to the License Area that cannot be accessed by the city’s streetsweeper. (g) Ttle City may require the Permittee to provide additional services beneath the Parklet/Streatery platform, including but not limited to pest abatement service and clearing of catch basin grates to allow proper storm drainage- (h) No portion of any object placed within the Parklet/Streatery boundary shall extend into the adjacent pedestrian sidewalk. {i) No Parklet/Streatery accessory shall be more than eight-four (84) inches in height above the highest point of the abutting sidewalk. a) if the Parklet/Streaterv includes planters, the planters must be placed within the Parklet/Streatery boundaries but must be secured to ensure that they do not move on unlevel sidewalks. No planters with wheels are to be permitted. (k) Tables, chairs, umbrellas, and any other items accessory to the Parklet/Streatery shall be of a quality, design, materials, and workmanship both to ensure the safety and convenience of the users and to be compatible with the uses in the immediate vicinity of the Parklet/Streatery. (1) (The serving and consumption of alcoholic beverages as part of the operation of the Project shall be permitted subject to regulations of governmental entities having jurisdiction over such activities. Uf a Streatery]} (m) No advertising signs or business identification signs shall be permitted within the Parklet/Streatery Area except for that signage which has been submitted to and approved by the CITY. (n) No table, chair, or any other part of the Project may be attached, chained, or in any manner affixed to any tree, post, or other fixture within the Parklet or Streatery Area. If found necessary for the protection of health, safety, and welfare of the public, the City Manager or his designee may require PERMITTEE to immediately remove or relocate all parts of the tables, chairs, umbrellas, and equipment within the Parklet/Streatew Area. If PERMITTEE fails to remove or relocate the tables, chairs, and umbrellas as requested within a reasonable time as determined by the City Manager, given the circumstances at hand, CITY may remove or relocate same in emergency lations and the cost thereof shall be borne by PERMITTEE. (p) PERMITTEE is responsible for the costs associated with removal of the Parklet/Streatery platform and accessories. (q) The CITY and its officers and employees shall not be responsible for Parklet/StreateW or any components thereof relocated during emergencies. (r) Nonamplified music may be permitted within the Parklet/Streatery Area, upon recommendation of the Department and subject to the approval of the City Manager, or his designee, as to the hours at which the music may be played, the volume settings, placement of speakers, and any other facet of the projection of the music. (s) PERMITTEE shall, at its sole cost and expense, remove the tables, chairs, and umbrellas from the Parklet/Streatery Area at the dose of PERMITTEE'S business each day. DRAFr Exhibit C (t) Parklets/Streatedes shall not be permitted in front of a fire hydarant, over a manhole, public utility valve, or cover. A clearance of fifteen (15) feet shall separate Parklet/Streatews from fire hydrants. (u) Parklet/Streatervs shall be required to have soft-hit posts, wheel stops, and barriers on all edges of the Parklet/Streatery platform. (v) No Parklet/Streatev shall be designed or installed in such a manner as to result in a violation of the City's sight triangles standards provide in the Transportation Design Criteria Manual. 6. AmerIcans With DisabilitIes Act LICENSEE shall have the continuing obligation of compliance with the Americans With Disabilities Act, as same may be amended from time to time, with respect to the Project as it is applicable. 7. CondItIon of License Area. LICENSEE accepts the License Area in an "AS IS" condition as of the Effective Date of this Revocable License. If LICENSEE finds any conditions altered after an initial inspection of the License Area, which have a material adverse effect on the Project, CITY shall be notified immediately. 8.CompIIance with RegulatIons of Public BodIes. PERMITTEE shall, at its sole cost and expense, construct, operate, maintain, and repair the Project and perform such acts and do such things as shall be lawfully required by any public body having jurisdiction over the License Area and Project in order to comply with health and sanitary requirements, fire hazard requirements, zoning requirements, building code requirements, CITY Engineering Standards, environrnenta I requirements, and other similar regulatory requirements. 9.No Property or Contract RIght. PERMITTEE expressly acknowledges that pursuant to the terms hereof, it gains no property or contract right to the continued maintenance of the Project or improvements within the License Area, other than as expressly set forth in Paragraph 3. PERMITTEE further acknowledges that the License granted herein is revocable at the will of the CITY and in the CITY'S sole and unfettered discretion, subject to the terms and conditions hereof. 10. EmergencIes. If an emergency situation arises with respect to the License Area where the License Area or any condition thereof presents an imminent threat to the health or safety of Persons or property, the PERMITTEE's Contact Person. If, following that notice, PERMITTEE fails to take timely action to correct the emergency situation, and allowing the emergency situation to continue would pose an imminent threat to health or safety to Persons or property, CITY may undertake such limited actions as are necessary to eliminate the erne%ency; and CFTY shall be entitled to recover its reasonable costs of cure from PERMITTEE in accordance with provisions hereof. For the purposes of this Paragraph, PERMITTEE'S Contact CITY shall make reasonable efforts to provide telephone and fax or email notice to the Person shall be ; address ; telephone number (office) and (cell); and e-mail address: :11. In the event the PERMITTEE's Contact Person or any other information pertaining to the PERMITTEE’s Contact Person shall change, such change shall be provided to the City Manager in writing. 12. AlteratIons and Modifications. PERMITTEE may, at its sole cost and expense, at any time and from time to time, make such changes, alterations, modIfications, replacements, improvements, or DRAFr Exhibit C additions in and to the License Area, and the structures and improvements thereon, including the demolition of any structure or improvements that hereinafter may be situated or erected within the License Area, provided, however, that amendments to the Site Plan and the plans and specifications for any such change, alteration, replacement, improvement, or addition shall be approved by the City Manager who may grant or deny approval in his sole and unfettered discretion. 13. Damage to Public Property. In the event the construction, operation, maintenance, repair, demolition, or reconstruction of the Project or License Area or any portion(s) thereof cause(s) any damage whatsoever to any public property, then PERMITTEE shaH be responsible for the cost of repair and shall, at City's option, make saId repairs or reimburse CITY for the cost of same. 14. Removal and Restoration. Except as may otherwise be expressly provided herein, it is agreed that upon any termination of this Revocable License, in whole or in part, or upon demand of CITY for removal of all or any part of the Project Improvements, PERMFTTEE shall remove all or any part of the Project Improvements and any components and PERMITTEE shall restore the surface of the License Area to the conditions that existed prior to PERMfTTEE's installation of all or any of the Project Improvements within such License Area. Such removal shall be at PERMITTEE’s sole cost and expense. In the event PERMITTEE fails to begin to remove aU or any part of the Project improvements contemplated herein with ten (10) days after written demand by the City, the CITY is hereby authorized to remove such Project Improvements that interfere with the easement rights or the public's use of dedicated rights-of-way and restore the License Area to the conditions that existed prior to the PERMITTEE’s construction of Project Improvements, and all reasonable costs associated with the removal and restoration thereof shall be fully reimbursed by PERMITTEE. Notwithstanding the foregoin& PERMITTEE shall have the obligation to immediately begin the process of removing any or all of the Project Improvements within the respective License Area upon termination, in whole or in part, of this License. 15. Damage and Destruction. PERMITTtE shall not, by its possession, use, occupancY, operation, maintenance, or repair of the respective License Area, suffer or permit any damage to the License Area or to the adjacent real property. If during the term of this Revocable License PERMITTEE becomes aware that the Project Improvements within the License Area have been damaged, destroyed, or deteriorated in whole or in part by fire, casualty, obsolescence, failure to maintain, or any other cause, and whether or not such destruction or damage is covered by any insurance policY on the Project, PERMITTEE shall giveto CfTY immediate notice thereof, and PERMITTEE shal (a) seek the necessary Permits and approvals from CITY and any other regulatory agencY with jurisdiction over the License Area, Project Improvements, or adjacent real propertY to repair, replace, and rebuild the same or cause the same to be repaired, replaced, or rebuilt as nearly as possible to their original condition; or (b)to the extent that such destruction or damage affected the Project Improvements within the License Area or real property adjacent thereto, or any part thereof, if PERMITTEE elects to remove such Project Improvements, PERMITTEE shall seek the Permits and approvals, if any, required for such removal and cause such Project Improvements to be removed from the respective License Area and return the License Area to the condition that existed prior to the Effective Date of this Revocable License. DRAFr Exhibit C 16. LIcense, not lease. It is acknowledged and stipulated by and between the parties hereto that this Revocable License shall not be deemed a lease of the License Area by CRY but rather a license granted to PERMITTEE by CITY for the nonexclusive possession, use, occupancY, operation, maintenance, repair, and replacement, from time to time, of the License Area for the Project under the terms and conditions stated herein. 17. IndemnIty. (A) PERMITTEE SHALI PROTECr, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAiNSr ANY AND ALL LAWSUITS, PENALTIES, DAMAGES, SFrrLEMENTS, JUDGMENTS, DECREES, COSTS, CHARGES, AND OTHER EXPENSES, INCLUDING REASONABLE ArroRNW's FEES AND COURT COSTS, OR LIABILITIES OF EVERY KIND, NATURE, OR DEGREE ARISING OUT OF OR IN coNNEcrioN WITH THE RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF PERMiTrEE UNDER THIS REVOCABLE LICENSE, CONDITIONS CONTAINED THEREIN, THE LOCATION, coNSTRucrioN, REPAIR, MAIVIENANCE, USE, OR OCCUPANCY BY PERR4iTrEE OF THE LICENSE AREA OR PROJECr, OR THE BREACH OR DEFAULT BY PERMITIEE OF ANY COVENANT OR PROVISION OF THIS REVOCABLE LICENSE EXCEPr FOR ANY OCCURRENCE ARISING our OF OR RESUITING FROM THE INTENTIONAL TORTS OR GROSS NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES. WITHOUT LIMITING THE FOREGOING, ANY AND ALL SUCH CLAIMS, suns, CAUSES OF ACIION RELATING TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, DEFECrs IN coNsrRuciioN, REHABILITATION, OR REgrORATiON OF ANY OF THE LICENSE AREA BY PERMrrrEE, ALLEGED INFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHTS OR OF ANY OTHER TANGIBLE OR INTANGIBLE PERSONAL OR REAL PROPERTY RIGHT BY PERMiTrEE, OR ANY ACrUAL OR ALLEGED VIOLATION OF ANY APPLICABLE STATUTE, ORDINANCE, ADMINl£rRATlvE ORDER, RULE OR REGULATION OR DECREE OF ANY COURT BY PERMiTrEE, IS INCLUDED IN THE INDEMNITY. (B) PERMITrEE FURTHER AGREES THAT, UPON PROPER AND TIMELY NOTICE BY CITY, HE/SHE/IT WILL iNVESriGATE, HANDLE, RESPOND TO, PROVIDE THE DEFENSE FOR, AND DEFEND ANY SUCH CLAIMS AT ITS SOLE EXPENSE AND AGREES TO BEAR ALL OTHER cosrs AND EXPENSES RELATED THERrro EVEN IF THE CLAIM IS GROUNDLESS, FALSE, OR FRAUDULENT AND, IF CALLED UPON BY THE CW, PERMirrEE SHALI ASSUME AND DEFEND NOT ONIY ITSELF BLrr ALSO THE CITY IN coNNEcrioN WITH ANY CLAIMS, SUITS, OR CAUSES OF ACrION, AND ANY SUCH DEFENSE SHAIL BE AT NO COST OR EXPENSE WHATSOEVER TO aw, PROVIDED THAT THE CITY (EXERCISABLE BY THE CITY'S RISK MANAGER) SHALL RErAIN THE RIGHr TO SELECr COUNSEL OF ITS OWN CHOOSING. THIS INDEMNIFICATION SHALL SURVIVE TERMINATION, REVOCATION, OR EXPIRATION OF THE REVOCABLE LICENSE AND SHALL COVER ANY Aas OR OMISSIONS OCCURRING DURING THE TERM OF THE REVOCABLE LICENSE, INCLUDING ANY PERIOD AFIER TERMINATION. REVOCATION, OR EXPIRATION OF THE REVOCABLE LICENSE WHILE ANY CURATIVE Aas ARE UNDERTAKEN. 18. Insurance. At all times while this Revocable License is in effect, the PERMITTEE, at its expense, shall keep or cause to be kept in effect the following: (a) CommercIal General LiabiIIty (1) Limits of Liability DRAFr Exhibit C Bodily Injury and Property Damage Liability Each Occurrence General J®regate Limit Products/Completed Operations Personal and Advertising Injury $1,000,000.00 $2,000,000.00 $1,000,000.00 $1,000,000.00 (2) Endorsements Required: City of Denton listed as additional insured Waiver ofSubrogation Contingent & Contractual Liability Premises & Operations Liability (b} Business Automobile LIability (1) Limits of Liability Bodily Injury and Property Damage $1,000,CX>0.00 Combined Single Limit, per Occurrence Including Hired, Borrowed or Non-Owned Autos (c) Workers' Compensation Limits of liability Statutory - State of Texas Waiver ofSubrogation (d) Employer’s Liability (1} LImits of Liability $lCD,OCD,CXX) for bodily injury cause by an accident, each accident $lcx),(x)o,caa for bodily injury caused by disease, each employee $SOO,0CD for bodily injury caused by disease, policY limit (e)In any case where the original poNg of any such insurance shall be delivered to the PERMITTEE, a duplicate original of such policy shall thereupon be delivered to CITY. All insurance policies shall be renewed by PERMITTEE and certificates evidencing such renewals, bearing endorsements or accompanied by other evidence of the receipt by the respective insurance companies of the premiums thereon, shall be delivered to CITY, at least twenty (20) days prior to their respective expiration dates. DRAFr Exhibit C (0 CITY does not in any way represent that the types and amounts of insurance required hereunder are suffIcient or adequate to protect PERMITTEE's interests or liabilities but are merely minimum requirements established by CITY's Risk Management Division. CITY reserves the right to require any other insurance coverages that CITY deems necessary depending upon the risk of loss and exposure to liability. 19. Requirement for NotIce. PERMITTEE shall give CITY prompt written notice of any occurrences, incidents, or accidents on, in, over, and aIx>ve the License Area. 20. NotIces. (a)Except as provided in subparagraph (b) below, whenever it is provided herein that notice, demand, request, or other communication shaH or may be given to, or served upon, either of the parties by the other, or either of the parties shall desire to give or serve upon the other any notice, demand, request, or other communication with respect hereto or with respect to any matter set forth in this Revocable License, each such notice, demand, request, or other communication shall be in writing and any law or statute to the contrary notwithstanding shall not be effective for any purpose unless the same shall be given by mailing the same by registered or certified maII, postage prepaid, return receipt requested, addressed to the party at the address set forth below, or at such other address or addresses and to such other person or firm as CITY or PERMITTEE may from time to time designate by notice as herein provided. AS TO CITY: City Manager City of Denton 215 E Mckinney Street Denton, TX 76201 With copy to: City Attorney City of Denton 215 E Mckinney Street Denton, TX 76201 AS TO PERMirrEE:Denton, TX 76201 With copy to: (b)As to activities under Paragraph 10, Emergencies, Paragraph 5 (1) (alcoholic beverages), and Paragraph 5 {r) (non-amplified music), notice need not be given in accordance with subparagraph (a) above, but notice shall be sufficient if given to the contact person pursuant to Paragraph 10, Emergencies, or, in the absence or unavailability of the contact person, then to any shift manager of PERMfTTEE's tenants within the License Area. DRAFr Exhibit C 21. InterpretatIon of Revuable Ucer6e; Severability. Ttris Revocable License shall be construed in accordance with the laws of the State of Texas. If any provision hereof, or its application to any person or situation, is deemed invalid or unenforceable for any reason and to any extent, the remaInder of this Revocable License, or the application of the remainder of the provisions, shall not be affected. Rather, this Revocable License is to be enforced to the extent permitted by law. The captions, headings, and title of this Revocable License are solely for convenience of reference and are not to affect its interpretation. Each covenant, term, condition, obligation, or other provision of the Revocable License is to be construed as a separate and independent covenant of the party who is bound by or who undertakes it, and each is independent of any other provision of this License, unless otherwise expressly provided. All terms and words used in this Revocable License, regardless of the number or gender in which they are used, are deemed to include any other number and other gender, as the context requires. 22. Successors. Bris Revocable License may not be assigned by the PERMITEE wIthout the prior written consent of the CITY. This Revocable License shall be binding on and inure to the benefit of the parties, their successors, and assigns. 23. No ThIrd-Party BenefIciaries. The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Revocable License. None of the parties intend to directly or substantially benefit a third party by this Revocable License. The parties agree that there are no third-party beneficiaries to this Revocable License and that no third party shall be entitled to assert a claim against any of the parties based on this Revocable License. Nothing herein shall be construed as consent by any agencY or political subdivision of the State of Texas to be sued by third parties in any manner arising out of any contract. 24. TerminatIon. In the event PERMITEE fails to comply with the provisions of this License, the Parklets and Streateries Manual, and/or Ordinance 2 b , the CITY may cancel this Revoable License during the term hereof upon twenty-four (24) hours written notice to PERMITEE of its desire to terminate this Revocable LIcense. 25. Waiver. nIe parties agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this License and, therefore, is a material term hereof. Any’party's failure to enforce any provbion of this License shall not be deemed a waiver of such provision or modification of this a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this License In of this License shall not be deemedLicense. A waiver of any breach a1 26. GovernIng Law. This Revocable License shall be interpreted and construed in accordance with and governed by the laws of the State of Texas. Any controversies or legal problems arising out of this Revocable License and any action involving the enforcement or interpretation of any rights hereunder, shall be brought exclusively in the state courts of applicable jurisdiction in Denton County, Texas. Venue for litigation arising out of this Revocable License shall be exclusively in Denton County, Texas, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. 27. Force MaJeure. Neither party shall be obligated to perform any duty, requirement, or obligation under this Revocable License if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes or other labor disputes, riot or civil commotion$ or DRAFr Exhibit C by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and wIthout unusual expense ("Force Majeure"). In no event shall a lack of funds alone on the part of PERMITTEE be deemed Force Majeure. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above PERMITIEE: [Typed Name] Signature